Legal information

Article introduction: When does the sales contract for a small-property house become effective? How to deal with small-property houses during divorce? Today we talk about this topic.

First, the contract for the sale of houses with small property rights between members of this collective organization is generally deemed to be valid.

Second, the contract for the sale of houses with small property rights between the collective and members of other collective organizations is generally deemed to be invalid.

Third, contracts for the sale of houses with small property rights between members of collective organizations and urban residents are generally deemed invalid.

Fourth, the rules for handling a small-property house sales contract after it is deemed invalid.

Fifth, houses with small property rights will not be supported by the court if they are not registered as mortgages.

Sixth, Shanghai’s special regulations on small-property housing disputes: "Shanghai Trial Practice" Issue 1, 2008

(1) For rural house sales that occur among members of rural economic organizations within the township, the house sales contract is deemed to be valid;

(2) For the sale of houses to persons outside the township, the contract can be deemed valid if approval is obtained from relevant organizations and departments;

(3) If a house is sold to a person outside the township without the approval of the relevant organization and department, if the contract has not been actually performed or the buyer has not actually lived in or used the house, the contract shall be invalid;

(4) If a house is sold to a person outside the township without the approval of the relevant organization and department, if the contract is actually fulfilled and the buyer has actually lived in and used the house, we will not take a position on the validity of the contract for the time being, and recognize the current status of the house and the right of the buyer to continue to occupy, live and use the house.

Seventh, buying and selling is not prohibited

Our country's laws clearly stipulate that rural residences, the so-called houses with small property rights, can only be allocated to villagers in the village and are prohibited from being sold to urban residents. The Yingting Demolition Group learned that it does not prohibit the transfer and sale of houses with small property rights among members of the same collective organization. According to the principle of private law, it can be done if the law does not prohibit it. my country's laws and regulations do not prohibit the sale and purchase of houses with small property rights among members of the collective. As long as the members of the same collective have the corresponding capacity for civil rights and civil conduct, their intentions are true when signing the small-property house sales contract, and they do not violate the law or social public interests, the small-property house sales contract is generally deemed to be valid.

Yingting reminds you:

If you encounter similar problems, you can consult a lawyer specializing in land acquisition and demolition, or ask a lawyer to intervene and provide you with legal advice using professional legal knowledge. You can send us a private message for one-on-one consultation.